Delhi HC Directs Ex-Gratia For Invalidated BSF Constable With 48% Disability After Medical Board Found Service Stress Aggravated His Condition

In brief

The question

1. Whether the petitioner was entitled to ex-gratia compensation under the OMs where his disability was aggravated by the stress and strain of service and resulted in his invalidation.

The court held

The Court allowed the petition and directed respondents 2 and 3 to disburse ex-gratia compensation under the OMs dated 21 April 2011 and 7 June 2017 within eight weeks.

It also directed

If payment was not made within that period, the amount would carry interest at 12% per annum from the date of discharge until payment. The petition was disposed of.

01Facts

The petitioner joined the BSF as a Constable (GD) in 2008 after being declared medically fit.

pp. 1–2 · ¶ 1–5

In service, he was diagnosed with Bipolar Affective Disorder with psychotic features and obesity. The Medical Board assessed his disability as permanent and 48%, and found it aggravated by the stress and strain of service, though not attributable to service conditions.

pp. 1–2 · ¶ 1–5

He was invalidated from service on medical grounds by order dated 20 December 2024. He sought ex-gratia compensation under the Ministry of Home Affairs Office Memorandums (OMs) dated 21 April 2011 and 7 June 2017, with interest.

pp. 1–2 · ¶ 1–5

The respondents accepted that his case was covered by the OMs and the cited precedent.

pp. 1–2 · ¶ 1–5

02Issues

i.1. Whether the petitioner was entitled to ex-gratia compensation under the OMs where his disability was aggravated by the stress and strain of service and resulted in his invalidation.

pp. 1–2 · ¶ 1, 3–4 · p. 5 · ¶ 8

ii.2. Whether interest should be payable if the respondents failed to disburse the compensation within the period directed by the Court.

p. 6 · ¶ 9

03Law Applied

The MHA OM dated 21 April 2011 provides for ex-gratia compensation to CAPF personnel boarded out due to disability attributable to or aggravated by service, with compensation for less than 100% disability reduced proportionately.

p. 5 · ¶ 7

The OM dated 7 June 2017 revised the amount payable for 100% disability to ₹20 lakh, effective 1 January 2016, with proportionate reduction for lesser disability.

p. 5 · ¶ 7

The Court also relied on Kalu Ram v. Union of India, 2025 SCC OnLine Del 9748, and Hari Prakash v. Union of India, 2026 SCC OnLine Del 2256, as authorities supporting entitlement to ex-gratia compensation in the circumstances addressed.

pp. 5–6 · ¶ 7–8

04Reasoning

The Medical Board’s opinion that the petitioner’s disability was aggravated by service stress and strain was accepted by the respondents and formed the basis for his invalidation.

pp. 3–5 · ¶ 6–8

The respondents therefore could not dispute the disability, its assessed percentage, or its aggravation by service.

pp. 3–5 · ¶ 6–8

Applying the OMs and the cited Division Bench decisions, the Court held that the petitioner qualified for proportionate ex-gratia compensation.

pp. 3–5 · ¶ 6–8

05Holding

The Court allowed the petition and directed respondents 2 and 3 to disburse ex-gratia compensation under the OMs dated 21 April 2011 and 7 June 2017 within eight weeks.

p. 6 · ¶ 9–10

If payment was not made within that period, the amount would carry interest at 12% per annum from the date of discharge until payment. The petition was disposed of.

p. 6 · ¶ 9–10

LawLens.Delhi High Court

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